BILL NUMBER: AB 2369	CHAPTERED  09/19/00

	CHAPTER   528
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   MAY 25, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Keeley

                        FEBRUARY 24, 2000

   An act to amend Section 14664 of, and to add Section 14670.12 to,
the Government Code, and to amend Section 10108 of the Public
Contract Code relating to state property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2369, Keeley.  State property and contracts.
   (1) Existing law authorizes the Director of General Services, upon
the written request and consent of the state agency with control or
jurisdiction over the property concerned, to sell, convey, or
exchange properties that are not needed by any state agency at fair
market value under specified circumstances following notice to the
Legislature.  Existing law requires specified parcels to be disposed
of in the identical manner as state property declared surplus
pursuant to an existing provision of law.
   This bill would revise the circumstances to include property that
is being encroached on, where the adjacent landowner and the state
agency with control or jurisdiction over the property concerned, the
director, and the Attorney General agree that the best resolution
would be a sale of the property or an exchange of property of equal
value.  The bill would require that the specified parcels be declared
surplus in the identical manner as state property is declared
surplus pursuant to a specified provision of existing law.
   (2) Existing law generally authorizes the Director of General
Services to let state property for a period of not to exceed 5 years,
subject to specified conditions, if he or she deems it to be in the
best interest of the state.
   This bill would authorize the director, notwithstanding these
provisions, and with the consent of the state agency concerned, to
let any state real property not exceeding 5 acres for a period not to
exceed 25 years, to governmental entities to further the state's
mission for providing emergency services, if he or she deems it to be
in the best interest of the state.  It would require the director to
report annually to the Legislature on how the Department of General
Services is utilizing this authority.
   (3) Under the existing State Contract Act, where the nature of the
work in the opinion of the Department of Water Resources, the
Department of General Services, the Department of Boating and
Waterways, the Department of Corrections, or the Department of
Transportation is such that its services in connection with the work
are not required, the applicable department may authorize the
carrying out of the project directly by the state agency concerned if
the estimated cost does not exceed $250,000, except that this
limitation does not apply to a project of a district agricultural
association or the State Lands Commission.
   This bill would increase the maximum amount for this purpose to
$400,000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14664 of the Government Code is amended to
read:
   14664.  (a) The director may execute grants to real property
belonging to the state in the name and upon behalf of the state,
whenever the sale or exchange of real property is authorized or
contemplated by law, if no other state agency is specifically
authorized and directed to execute the grants.  The director may also
execute deeds or any other instruments necessary to correct
erroneous descriptions on deeds by which the state acquired title.
   (b) (1) Notwithstanding any other provision of law, upon the
written request and consent of the state agency with control or
jurisdiction over the property concerned, the director may sell,
convey, or exchange properties that are not needed by any state
agency at fair market value following a 30-day notice to the Joint
Legislative Budget Committee and the applicable Members of the Senate
and Assembly who represent the district in which the properties are
located, under any of the following circumstances:
   (A) Property, not to exceed five acres, to a local governmental
agency for the purpose of local public works projects, including, but
not limited to, utility rights-of-way, drainage ditches, road
widening, including curbs, gutters, sidewalks, and small parking
lots.
   (B) Property with a fair market value of up to one million dollars
($1,000,000) received by the state through the office of the
Attorney General or another state agency as the result of a
foreclosure, seizure, or court action.
   (C) Property that is being encroached on , where the adjacent
landowner and the state agency with control or jurisdiction over the
property concerned, the director, and the Attorney General agree that
the best manner in which to resolve the matter is through a sale of
the property or for an exchange of property of equal value.
   (D) Property not needed by any state agency with a fair market
value of less than twenty-five thousand dollars ($25,000).
   (2) Any parcel described in subparagraph (B) or (D) shall be
declared surplus in the identical manner as state property declared
surplus pursuant to Section 11011.
   (3) All funds received by the state pursuant to this subdivision
shall be handled in the identical manner as funds received from state
property disposed of pursuant to Section 11011.
  SEC. 2.  Section 14670.12 is added to the Government Code, to read:

   14670.12.  (a) Notwithstanding Section 14670, and with the consent
of the state agency concerned, the director may let any real
property owned by the state not exceeding five acres for a period not
to exceed 25 years, to governmental entities to further the state's
mission for providing emergency services, if he or she deems it to be
in the best interest of the state.
   (b) The director shall report annually to the Legislature on how
the department is utilizing the authority granted under this section.

  SEC. 3.  Section 10108 of the Public Contract Code is amended to
read:
   10108.  Where the nature of the work in the opinion of the
department is such that its services in connection therewith are not
required, it may authorize the carrying out of the project directly
by the state agency concerned therewith if the estimated cost does
not exceed four hundred thousand dollars ($400,000), except that the
four hundred thousand dollars ($400,000) limitation shall not apply
to a project of a district agricultural association or a project of
the State Lands Commission.
   If the estimated total cost of any construction project or work
carried out under this section exceeds twenty-five thousand dollars
($25,000), the district or agency shall solicit bids in writing and
shall award the work to the lowest responsible bidder or reject all
bids.  However, the director may authorize the district or agency to
carry out work in excess of twenty-five thousand dollars ($25,000)
under the provisions of this section by day labor if he or she deems
that the award of a contract, the acceptance of bids, or the
acceptance of further bids is not in the best interests of the state.
  In no event shall the amount of work performed by day labor under
this section exceed the sum of fifty thousand dollars ($50,000) in
the case of district agricultural association fair projects, or
thirty-five thousand dollars ($35,000) in other cases.
